Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Obstacles and shortcomings of the UN Convention on the Law of the Sea In connection with the fight against piracy

Document Type : Research Article

Authors
D.r Amirreza Mahmoudi 1
Seyyedeh Mahshid Miri Balajourshari 2
1 Assistant Professor and Faculty Member, Faculty of Humanities, Islamic Azad University, Lahijan Branch. (Corresponding Author)
2 Master student of Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Lahijan Branch.
Abstract
In recent years, piracy activities have increased significantly. In some areas, including the coasts of Somalia and the waters of Southeast Asia and South America, this incident is widely seen and has become a safe haven for pirates. The economic losses caused by piracy amount to billions of dollars annually; So that the world community has faced many problems. The rules of international law enacted in this regard by the United Nations Convention on the Law of the Sea, adopted in 1982, have remained unchanged for many years, covering many issues, such as the precise description of the elements that make up piracy. And the arrest and trial of pirates are undeniable shortcomings. Therefore, this issue has been reviewed in the present article by examining the shortcomings of the existing law in relation to how to effectively dispute this incident and how to organize the legal shortcomings of the issue.
Keywords
Piracy
1982 Convention on the Law of the Sea
seizure and prosecution of pirates
1- Begzadeh, Ebrahim, (2009), Piracy, an old crime, a new emergence, a collection of articles on piracy from the perspective of international law, Tehran, Iranian Association of United Nations Studies.
2- Pour Nouri, Mansour, Habibi, Mohammad, (2013), International Law of the Seas, Convention on the Law of the Seas, Tehran, Mahd Al-Hawq Publishing.
3- Taghizadeh, Zakieh, (2017), The evolution of dealing with piracy from the perspective of international law, Tehran, Ganj Danesh Publishing House.
4- Cheshme Khavar, Salahuddin, (2009), Piracy from the perspective of international law, examining the legal effects of Security Council resolutions on international law, collection of articles on piracy from the perspective of international law, Tehran, Iranian Association for United Nations Studies .
5- Hosseinpour, Khosrow, (2014), challenges of piracy in international law and Iran, two scientific quarterly studies of Islamic jurisprudence and fundamentals of law, 9th year, number 31.
6- AKIPEK, Serap, (2019), Uluslararasi Hukukta Deniz Haydutlugu, AUHF Yayinlari, Ankara.
7- AZUBUIKE, Lawrence, (2019), International Law Regime against Piracy, Ann. Surv. Int'l & Comp. L, number 15.
8- BAYKAL, Ferit Hakan, (1998), Deniz Hukuku Çalışmaları, Alfa Yayınları, İstanbul.
9- BURGESS, Douglas R, (2006), Hostis Humani Generi: Piracy, Terrorism and a New International Law, U. Miami Int'l & Comp. L. Rev, nu 13.
10- COLLINS, Rosemary & HASSAN, Daud, (2009), Applications and Shortcomings of the Law of the Sea in Combating Piracy: A South East Asian Perspective, J. Mar. L. & Com, nu 40.
11- DAHELVANG, Niclas, (2006), Thieves Robbers & Terrorists: Piracy in the 21st Century, Regent J. Int'l L, nu 4.
12- KRASKA, James & WILSON, Brian, (2008), Fighting Pirates: The Pen and the Sword, World Policy Journal, edition 25, nu 4.
13- MERAY, Seha L, (1963) Bazi Türk Andlaşmalarına Göre Korsanlık ve Deniz Haydutlüğunin Yasaklanmisı, AÜSBFD, Cilt 18, Sayı 3.
14- PATHAK, Monica, (2005), Maritime Violence: Piracy at Sea & Marine Terrorism Today, Windsor Rev. Legal & Soc, nu 65.
15- WINN, John I & GOVERN, Kevin H, (2008), Maritime Pirates, Sea Robbers, and Terrorists: New Approaches to Emerging Threats, The Homeland Security, nu 2.

  • Receive Date 12 September 2021
  • Revise Date 14 September 2021
  • Accept Date 26 September 2021